Bill Text: HI SB2670 | 2010 | Regular Session | Introduced

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Bill Title: Fossil Fuels; Electricity Generation

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-02-09 - (S) The committee on ENE deferred the measure. [SB2670 Detail]

Download: Hawaii-2010-SB2670-Introduced.html

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THE SENATE	S.B. NO.	2670
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO FOSSIL FUELS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The purpose of this Act is to restrict the construction of new power plants for electrical power generation that can only use fossil fuels.

     SECTION 2.  Section 269-91, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to be appropriately designated and to read as follows:

     ""New electric generation unit" means a unit without an air permit seeking public utilities commission approval of a certificate of public convenience and necessity pursuant to section 269-7.5 after June 30, 2010 and does not include retrofits of existing power generation units to improve their efficiency."

     SECTION 3.  Section 269-92, Hawaii Revised Statutes, is amended to read as follows:

     "§269-92  Renewable portfolio standards.  (a)  Each electric utility company that sells electricity for consumption in the State shall establish a renewable portfolio standard of:

     (1)  Ten per cent of its net electricity sales by December 31, 2010;

     (2)  Fifteen per cent of its net electricity sales by December 31, 2015;

     (3)  Twenty-five per cent of its net electricity sales by December 31, 2020; and

     (4)  Forty per cent of its net electricity sales by December 31, 2030.

     (b)  The public utilities commission may establish standards for each utility that prescribe what portion of the renewable portfolio standards shall be met by specific types of renewable energy resources; provided that:

     (1)  Prior to January 1, 2015, at least fifty per cent of the renewable portfolio standards shall be met by electrical energy generated using renewable energy as the source, and after December 31, 2014, the entire renewable portfolio standard shall be met by electrical generation from renewable energy sources;

     (2)  Beginning January 1, 2015, electrical energy savings shall not count toward renewable energy portfolio standards;

     (3)  Where electrical energy is generated or displaced by a combination of renewable and nonrenewable means, the proportion attributable to the renewable means shall be credited as renewable energy; [and]

     (4)  Where fossil and renewable fuels are co-fired in the same generating unit, the unit shall be considered to generate renewable electrical energy (electricity) in direct proportion to the percentage of the total heat input value represented by the heat input value of the renewable fuels[.]; and

     (5)  The public utilities commission shall not approve applications to build additional new electric generation units with a rated capacity greater than two megawatts unless the units are capable of using non-fossil fuels; provided that an application may be approved if the applicant is an electric utility company and the applicant demonstrates compliance, and the ability to maintain compliance, with this section; and provided further that the annual actual heat input to the new electric generation units from biomass fuels exceeds the annual heat input from fossil fuels."

     (c)  If the public utilities commission determines that an electric utility company failed to meet the renewable portfolio standard, after a hearing in accordance with chapter 91, the utility shall be subject to penalties to be established by the public utilities commission; provided that if the commission determines that the electric utility company is unable to meet the renewable portfolio standards due to reasons beyond the reasonable control of an electric utility, as set forth in subsection (d), the commission, in its discretion, may waive in whole or in part any otherwise applicable penalties.

     (d)  Events or circumstances that are outside of an electric utility company's reasonable control may include, to the extent the event or circumstance could not be reasonably foreseen and ameliorated:

     (1)  Weather-related damage;

     (2)  Natural disasters;

     (3)  Mechanical or resource failure;

     (4)  Failure of renewable electrical energy producers to meet contractual obligations to the electric utility company;

     (5)  Labor strikes or lockouts;

     (6)  Actions of governmental authorities that adversely affect the generation, transmission, or distribution of renewable electrical energy under contract to an electric utility company;

     (7)  Inability to acquire sufficient renewable electrical energy due to lapsing of tax credits related to renewable energy development;

     (8)  Inability to obtain permits or land use approvals for renewable electrical energy projects;

     (9)  Inability to acquire sufficient cost-effective renewable electrical energy;

    (10)  Substantial limitations, restrictions, or prohibitions on utility renewable electrical energy projects; and

    (11)  Other events and circumstances of a similar nature.

     (e)  No electric utility company shall enter into an agreement for the purchase of electricity from fossil-based electric generation units built after December 31, 2010, unless the electric utility company demonstrates compliance with and the ability to maintain compliance with this section, and unless the electric generation units' annual actual heat input from biomass fuels exceeds the annual actual heat input from fossil fuels."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2010.

 

INTRODUCED BY:	____________________________
	BY REQUEST

 

 

Report Title:

Fossil Fuels; Electricity Generation

 

Description:

Prohibits the Public Utilities Commission from issuing a certificate of public convenience and necessity for new electrical generation facilities that can only use fossil fuels as their energy source.

 

 

 

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